K.Vijayanirmala v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4131 of 2025 and WMP No.4632 and 4633 of 2025 K.Vijayanirmala ..Petitioner Vs.
1. The District Collector, District Collectorate, Thiruvallur District.
2. The Revenue Divisional Officer,
3. The Tahsildar,
4. S.Santhi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the orders of the 3rd respondent in Na.Ka.No.2424/2022/A2 dated 13.07.2022 and quash the same and consequently, direct the respondents 1 to 3 to issue separate patta to the legal heirs of late 1/6
Kamaraj with respect to the property bearing old Survey No.434/3 New No.434/3C to an extent of acre 0.10 cents situated at No.135, Meenjur Village, Ponneri Taluk, Thiruvallur District. For Petitioner : Mr.S.N.Subramani For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3
O R D E R
This writ petition has been filed challenging the proceedings of the 3rd respondent dated 13.07.2022 and for a consequential direction to the respondents 1 to 3 to issue separate patta in the name of the legal heirs of late Kamaraj with respect to the subject property.
2.
Heard Mr.S.N.Subramani, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 3.
3.
It is seen from records that the petitioner has already approached the 3rd respondent and sought for issuance of patta. Since 2/6
the same was not considered, the petitioner filed WP No.11785 of 2022 before this Court. This writ petition was disposed of by an order dated 14.07.2022 and the relevant portions in the order are extracted hereunder :-
2. Today, when the matter is listed under the caption "for issuance of patta" the learned Special Government Pleader appearing on behalf of the 1st and 2nd respondents submitted that the petitioner's representation dated 28.03.2022 for issuance of patta has been considered and the same was rejected.
3. Recording the submission made by the learned Special Government Pleader, no further adjudication is required in the present Writ petition. Accordingly, this writ petition stands closed. No costs. However, liberty is granted to the petitioner to work out the remedy in the manner known to law.
4.
The above order was passed on 14.07.2022 and after nearly 3/6
2 1⁄2 years, the present writ petition has been filed on 27.01.2025 challenging the order passed by the 3rd respondent. 5.
The claim made by the petitioner is unsustainable for the reason that the petitioner has an efficacious alternative remedy before the Revenue Divisional Officer by way of an appeal under the Patta Passbook Act. The petitioner has not chosen to file any appeal. That apart, when the order was passed by this Court as early as on 14.07.2022, the petitioner has slept over the matter for more than 2 1⁄2 years and has filed this writ petition. Hence, this writ petition is also hit by laches. In view of the same, this Court does not find any ground to interfere with the order passed by the respondents. Accordingly, this writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
13.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order 4/6
rka N. ANAND VENKATESH, J.
rka To
1. The District Collector, District Collectorate, Thiruvallur District.
2. The Revenue Divisional Officer,
3. The Tahsildar, 5/6
W.P.No.4131 of 2025 13.02.2025 6/6